The report concludes Sgt. Baumgartner "......disregarded the red light..." and "...failed to slow...for safe operation..."as he entered the intersection. DPS says those were two of the contributing factors in this wreck.

Just as Sgt. Baumgartner was going through that intersection, a vehicle was traveling northbound on FM 1485 with a green light. That vehicle struck the squad car, sending it into a pole, killing Baumgartner.

The vehicle that struck Sgt. Baumgartner then flipped, ejecting several people inside. One of the occupants, Adan Hilario, Jr., 11, was killed.

Nee is charged with intoxicated manslaughter and six counts of intoxicated assault. He's being held on a $1.3 million bond.

Police say the pursuit began when Sgt. Baumgartner was sent to the Valero Corner store at SH 242 and US 59. It was reported that a man, identified as Nee, was urinating on the sidewalk and exposing himself to customers. As Sgt. Baumgartner arrived, police say Nee attempted to run down the officer and a chase was on.

Hilario's father told Eyewitness News the report accurately reports what he remembers about the way the wreck occurred. Beyond that, neither he, nor anyone else in the victim's family was willing to comment.

Patton Village police Chief Leon Verot says he has not yet seen the DPS report on the incident.